County Court Claim - Hillbillies (prev MBNA)

[AndyOrch]

HI Battle responding to your PM

 

CPR15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

 

Nope dosent say anything that it must come from the Solicitor just the Claimant.Ring them back and advise what I state and hopefully you will get a more knowledgeable telephone clerk.

 

Andy

[AndyOrch]

Well if they want to be pedantic then you need to speak to the Sol and get them to email same response.Northampton do have a facility to bar the default judgment process until the agreed defence date but yes its quite true the agreement is between you and the Claimant/Sol that a further 28 days is deemed agreeable.They just simply do not request default judgment.

 

Regards

 

Andy

[AndyOrch]

Await if any disclosure then review your next move, start in the meantime to draft a defence in the event that there is no disclosure.N244 strike out, no on what grounds? CPR 18, no you must wait until they respond to your CPR 31.

 

Andy

[AndyOrch]

How long should I wait for full disclosure of CPR 31.14 then & then just wait to defend?

 

Just to confirm, you said no to N244 (I thought this ordered disclosure of CPR 31.14 unreceived items via judge) & no to PART 18 (I have some q's regarding the docs they HAVE sent me), or do I just wait for no disclosure and stick it all into a defence?

 

Sorry for all the q's.

 

They have 56 days to comply with your CPR31 request, they never respond within7/14 days.Dont fall into the trap of basing your defence on none compliance of docs that is not a defence to the claim.

Use the CPR tactfully to your advantage.By all means if you have questions with regards to docs not referred to in the P.o.C then CPR 18.If there is no compliance at all you can bring this to the Courts attention within your AQ, the Claimant is frustrating your attempts for clarification ( not to submit a defence).

 

When you referred to the N244 I assumed you was implying strike out not disclosure.N244 can be made to disclose its not always successful and at £80 a pop you cross your fingers and hope the DJ will agree.Most wont and state wait until standard disclosure (post defence) now why are you defending? See my point?

 

Winning at litigation is about using your knowledge of the procedures to coerce the Claimant into a position that is either not worth pursing, cant answer or disclose or getting them to discontinue.

 

Regards

 

Andy

[AndyOrch]

Hi Andy, thanks for your reply except I think I'm a bit more confused . can you tell me where I'm going wrong please?

 

I thought (from what I read on CAG):

 

a) If no compliance with CPR 31.14 & 31.15 request then I would apply for N244 to court requesting disclosure (and if non disclosure strike out.) and an extension. I thought they only had 7 days to comply with the CPR 31.14 request before moving to N244. (I never realised it depended on how the judge felt on the day, whether they agreed or not to it.) Its not a case of if the DJ agrees to it its the opposition the claimant will apply at the hearing the reasoning ( and can be from Council/ Barrister in some instances) think of those costs if your application is rejected!!!!!!!

 

b) Now I read it that they have up until defence day to comply with 31.14 request. How does this pan out then as you're suppose to have 7 days to peruse the docs aren't you i.e. how do I review my next move with no time? Disclosure can be throughout the whole trial, there is no rule that they must comply by your defence submission date, there is no rule that they must disclose to CPR 31 at all

c) Can I only ask questions regarding PART 18 of things that AREN'T referred to in the POC and NOT use it to ask questions about info on the docs that I have received (from CPR 31.14 & so POC)? Is it wise to do this or save it to help with defence i.e. don't bring their attention to things, so they can drum something out to help themselves battle the defence? You can question what ever you require within the CPR 18 (referred to or not)

 

d) I have some postable docs I could PM you if you require further info. Better to obscure the data and post here for all CAG to comment on?

e)By the sounds of it I don't do anything until defence date (except prep defence) and hope they disclose beforehand. If they do disclose beforehand (i.e. same day) I have zero time to look at and submit defence. if they don't disclose I have zero time to look at and submit defence. whatever happens even i submit a defence on defence day whether it's rubbish or not. By the sounds of it I'm gonna be saying "By the Power of Greyskull, i have a DEFENCE!" and that's it. (Sorry mate, if I don't laugh, i'll cry). Thats the way the game works hence the rather vague P.o.Cs, none disclosure is not a defence they will simply plead there is enough information contained within their P.o.C to make a decision... admit or defend. Not that I agree with that but thats when the use of a well drafted defence comes into play to open the chinks, cast doubt and undermine their claim.

 

f) I did get me extension, sent it to court, who are saying you didn't really need to do that as it's an agreement between you and them. Basically we don't really wanna know or care. You submit your defence when your ready and they'll submit a judgement when they're ready. if they go for one before end of extension then you can apply (cost money) to set aside (they'd be in breach too). What a pain! They wont request judgment if an extension has been agreed.

 

Cheers

BS

 

Regards

 

Andy

[AndyOrch]

Thanks again Andy ( I seem to type that a lot).

 

a) so i guess you shouldn't do any applications then. I'm not saying that but its timing and reason that's key.Every claim is unique and so are the actions

 

b) i thought CPR 31.14 & 31.15 are part of the rules that's why it's part of the CPR? I get the not by defence date but if you've done it early enough surely you should receive the docs within 7 days as per these rules? CPR31 works in line with CPR1 so even if they say cant or don't comply then they are in danger of breaching CPR 1 The overriding Objectives and the purpose of the whole of the CPR.With assigned claims they simply buy a debt from a printout there is no back room with all your docs in, they have to source them from the OC.

 

c)ok

 

d)ok

 

e)ok (feel like defending with an equally vague defence, maybe "No I never, prove it!" may suffice) Again you are making the statement that if they dont send the docs I cant defend thus basing a defence on their paperwork being incorrect or non-compliant or none disclosure.You must have the basis of a defence in the first place IE dispute or PPI or unfair charges etc.

 

f)all ok there

 

Cheers

BS

 

 

BTW - e) I was joking

See above

 

Regards

 

Andy

 

[AndyOrch]

Presumably the application is a knee jerk reaction to either not being able to comply with an order or being unable to comply with disclosure?

 

Regards

 

Andy